Colorado, Washington first states to legalize recreational pot

November 07, 2012|Reuters

* Sale of marijuana to adults would be regulated, taxed

* Recreational cannabis measure defeated in Oregon

By Keith Coffman and Nicole Neroulias

DENVER/SEATTLE, Nov 7 (Reuters) - Colorado and Washingtonbecame the first U.S. states to legalize the possession and saleof marijuana for recreational use on Tuesday in defiance offederal law, setting the stage for a possible showdown with theObama administration.

But another ballot measure to remove criminal penalties forpersonal possession and cultivation of recreational cannabis wasdefeated in Oregon, where significantly less money and campaignorganization was devoted to the cause.

Supporters of a Colorado constitutional amendment legalizingmarijuana were the first to declare victory, and opponentsconceded defeat, after returns showed the measure garneringnearly 53 percent of the vote versus 47 percent against.

"Colorado will no longer have laws that steer people towardusing alcohol, and adults will be free to use marijuana insteadif that is what they prefer. And we will be better off as asociety because of it," said Mason Tvert, co-director of theColorado pro-legalization campaign.

The Drug Policy Alliance, a national advocacy group thatbacked the initiatives, said the outcome in Washington andColorado reflected growing national support for liberalized potlaws, citing a Gallup poll last year that found 50 percent ofAmericans favored making it legal, versus 46 opposed.

Supporters of Washington state's pot legalization initiativedeclared victory after the Seattle Times and other mediaprojected a win for marijuana proponents.

Early returns showed pro-legalization votes led with 55percent versus to 44 percent opposed with about 60 percent ofballots tallied in the state's all-mail-in election system.

The outcomes in Colorado and Washington, which already havelaws on the books legalizing marijuana for medical purposes, putboth states in further conflict with the federal government,which classifies cannabis as an illegal narcotic.

The U.S. Department of Justice reacted to the measure'spassage in Colorado by saying its enforcement policies remainunchanged, adding: "We are reviewing the ballot initiative andhave no additional comment at this time."

Separately, medical marijuana measures were on the ballot inthree other states, including Massachusetts, where CNN reportedthat voters approved an initiative to allow cannabis formedicinal reasons.

Supporters there issued a statement declaring victory forwhat they described as "the safest medical marijuana law in thecountry." Seventeen other states, plus the District of Columbia,already have medical marijuana laws on their books.

A measure that would have made Arkansas the first state inthe South to legalize marijuana for medical purposes appearedheaded for defeat by 51 percent to 49 percent with about 80percent of the vote tallied.

MARIJUANA RULES

Under the recreational marijuana measures in Colorado andWashington, personal possession of up to an ounce (28.5 grams)of marijuana would be legal for anyone at least 21 years of age.They also will permit cannabis to be legally sold and taxed atstate-licensed stores in a system modeled after a regime manystates have in place for alcohol sales.

Oregon's initiative would have legalized state-licensedsales, as well as possession and cultivation of unlimitedamounts of pot for personal recreational use.

The Colorado measure will limit cultivation to six marijuanaplants per person, but "grow-your-own" pot would be still bebanned altogether in Washington state.

Tvert said provisions legalizing simple possession inColorado would take effect after 30 days, once the electionresults are certified. Colorado's amendment also mandatesestablishing rules for sales and excise tax collections once thestate legislature reconvenes in January.

"The voters have spoken and we have to respect their will,"Colorado Governor John Hickenlooper, a Democrat who opposed themeasure, said in a statement. "This will be a complicatedprocess, but we intend to follow through."

He added: "Federal law still says marijuana is an illegaldrug, so don't break out the Cheetos or gold fish too quickly."

The Obama administration has recently pressed an enforcementcrackdown against pot dispensaries and greenhouses deemed to beengaged in large-scale drug trade under the pretense ofsupplying medical cannabis patients in California and elsewhere.

Before Tuesday's election, the administration had beenlargely silent on latest state ballot initiatives seeking tolegalize recreational pot for adults.

Several former U.S. Drug Enforcement Administrationdirectors had urged Obama officials to come out forcefullyagainst the measures, as U.S. Attorney General Eric Holder didwhen he criticized a 2010 California pot legalization referendumthat was soundly defeated by voters.

Critics say the social harms of legalizing pot - fromanticipated declines in economic productivity to a rise intraffic and workplace accidents - would trump any benefits.

Backers point to potential tax revenues to be gained and sayanti-pot enforcement has accomplished little but to penalizeotherwise law-abiding citizens, especially minorities.

They also argue that ending pot possession prosecutionswould free up strained law enforcement resources and strike ablow against drug cartels, much as repealing alcohol prohibitionin the 1930s crushed bootlegging by organized crime.

"It's no worse than alcohol, and it's widely used inColorado anyway," said Jean Henderson, 73, a retired resident ofBroomfield, explaining her vote in favor of legalization. "Thestate can benefit from the taxes rather than put people injail."